What is the test for admissible evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. McNeal, B260489 (Cal. App. 2016):

value, its production would consume an undue amount of time, or it would confuse the issues or mislead the jury." (People v. Frazier (2001) 89 Cal.App.4th 30, 40, fn. omitted.) The trial court had broad discretion to determine whether evidence of other sex offenses is admissible. Its determination will not be disturbed on appeal absent a showing that the trial court acted in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice. (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124.)

Other Questions


What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
What is the test for using evidence of an uncharged sexual offence as evidence in a sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the test for admitting evidence of sexual assault in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
What is the substantial evidence standard of review in a sexual assault case when the prosecution case is based on circumstantial evidence? (California, United States of America)
In a sexual assault case, what is the burden of proving that the court erred when it ruled in limine that evidence that he had committed sexual battery against two adult women by touching their buttocks against their will was admissible? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (California, United States of America)
Can evidence of sexual assault be used in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.